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(영문) 부산고등법원 2019.12.05 2019나52891
물품대금
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in the business of manufacturing and developing electronic equipment under the trade name of “D,” and the Defendant is a company with the purpose of manufacturing automobile parts and manufacturing straws for children.

B. On November 1, 2014, the Plaintiff entered into a “basic contract” with the Defendant with the content that the Plaintiff would produce and supply the parts or accessories of an infant vehicle ordered by the Defendant for the use of infants (hereinafter “instant basic contract”). The main contents of the instant basic contract are as follows.

The Defendant concluded the instant basic contract to be supplied by the Plaintiff with part of the parts necessary for the production of infant cars ordered by the Plaintiff Company E.

Article 2 (Basic Contracts and Individual Contracts) (1) This basic contract shall also apply to each individual contract unless otherwise agreed that the basic matters concerning the manufacture subcontract of parts between the plaintiff and the defendant are determined, and the plaintiff and the defendant shall comply with this contract and individual contracts.

(2) The date of ordering parts, name, quantity, unit price, payment period and place of delivery, inspection method and time, subcontract price, method and time of payment, etc. shall be stated in the individual contract, and Gap and Eul shall sign and seal it.

(3) Where it is impossible to conclude an individual contract due to frequent supply, an individual contract shall be concluded by delivering a written order (including a written order for electronic order) stating the details of transactions under paragraph (2) to the defendant.

However, the same shall not apply where the plaintiff expresses his/her intention of refusal within seven days from the date of receipt of the order.

Article 3 (Orders) When the defendant intends to place an order for parts, he/she shall give the plaintiff an annual order plan in principle, and shall also provide information necessary therefor.

Article 6 (Unit Price) (1) The unit price of parts shall be determined in consideration of the quantity, quality, specifications, payment period, method of payment, price of materials, labor cost or market price trends, etc.

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